R v McGaughey [2006] NSWDC 186

New South Wales District Court

CITATION: R v McGaughey [2006] NSWDC 186

HEARING DATE(S): 07/12/06

JUDGMENT DATE: 8 December 2006

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: See para 31.

CATCHWORDS: Crimial Law - Sentencing - aggravated break enter and steal - plea of guilty - standard non-parole.

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Thomson & Houlton (2000) 49 NSWLR 383 CASES CITED: R v Sharma (2002) NSWLR 300 R v Way [2004] NSWCCA 131

PARTIES: Regina Jason Gary McGaughey

FILE NUMBER(S): 06/11/0812

SOLICITORS: Ms S Goodwin - DPP - Crown Mr D Cohen - David A Cohen & Co - Offender

SENTENCE

1 HIS HONOUR: Jason Gary McGaughey appears today for sentence in relation to an offence of aggravated breaking, entering and stealing committed on 22 November 2005 at Meadowbank in circumstances of aggravation pleaded in the charge to which he has entered a plea of guilty. The circumstances of aggravation are that he was in company with other persons, namely Mark Lesley, Corey Alford-Debus, and Richard Johnson. The offence was committed on 22 November 2005. It is an offence that carries a maximum penalty of twenty years imprisonment pursuant to s 112(2) Crimes Act 1900. It is an offence for which there is a standard non-parole period, that is a standard non-parole period of five years pursuant to the provisions of Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act particularly s 54D.

2 The facts in relation to the matter are set out in an agreed Statement of Facts and I need not recount them in detail. Some of the detail in that Statement of Facts appear not to specifically involve matters relating to this particular prisoner. In summary what happened was that during the night of 22 November 2005 the Meadowbank convenience store was broken into and the evidence reveals it was broken into and entered by four men including the prisoner, the other three being the named persons referred to earlier. They triggered the alarm at about 12.40am on 22 November and forced open a metal roller door to do so. It would appear on the facts available to me that bolt cutters were used as well to break particular padlocks or locks. The prisoners forced their way in to the cash box of an ATM that was located at the convenience store and the sum of $3100 was stolen from the cash box. Twenty dollars was left behind.